SAN JOSE CITY COUNCIL

AMENDED AGENDA

JUNE 10, 2003

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On occasion the City Council may consider agenda items out of order.

·                   Call to Order and Roll Call

            9:30 a.m.    - Closed Session, Room 600, City Hall

                                         See Separate Agenda

            1:30 p.m.    - Regular Session, Council Chambers, City Hall

·                   Invocation (District 6)
*Performance by Willow Glen High School students

·                   Pledge of Allegiance

·                   Orders of the Day

            Items marked with an asterisk (*) denote changes or additions to the previously published Agenda for this meeting.

            Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.

1     CEREMONIAL ITEMS

1.1            Presentation from the Silicon Valley Manufacturing Group on the Housing Trust Fund.  (Silicon Valley Manufacturing Group)

2     CONSENT CALENDAR

Notice to the public:  There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion.  If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Consent Calendar and considered separately.

2.1              Approval of Minutes.

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of October 8, 2002

            (b)        Joint City Council/Redevelopment Agency Board meeting of October 8, 2002

            (c)        Joint City Council/San José Financing Authority meeting of October 8, 2002

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26901 – Amends Chapter 3.36 of Title 3 of the San José Municipal Code (Police and Fire Department Retirement Plan) to revise the procedures for medical examinations, to clarify calculations of disability retirement benefits, and to clarify calculations of survivorship benefits payable because of a service-connected death.

            (b)        ORD. NO. 26902 – Amends Section 3.44.010 of Chapter 3.44 of Title 3 of the San José Municipal Code to clarify that cost-of-living adjustments apply to surviving spouse benefits provided under the optional settlement provisions of The Police and Fire Department Retirement Plan.

            (c)        ORD. NO. 26903 – Amends Chapter 4.90 of Title 4 of the San José Municipal Code by repealing Part 3 relating to the Alviso Water Service Area Extension and Improvement Fund and amends Part 12 relating to the Consolidated Water Utility Fund, and amends Chapter 15.08 of Title 15 of the San José Municipal Code to add a new Part 2.5 relating to rates and charges for potable water service.

2.3              Approval of various actions related to Franklin No. 50.

            Recommendation:  Adoption of a resolution ordering the reorganization of territory designated as Franklin No. 50, which involves the annexation to the City of San José of 16.25 gross acres of land located on the southern side of Tully Road, approximately 500 feet easterly of 10^th Street, generally bounded by the City of San José Annexations Monterey Park No. 5, Franklin 31, Franklin 4, and Franklin 17, and the detachment of the same from the Central Fire Protection, County Library Service Area, and County Sanitation 2-3, and the 16.25 acre parcel consists of a portion of one existing parcel.  Council District 7.  (Planning, Building and Code Enforcement)

            (Deferred from 5/27/03 – Item 2.11)
*CEQA:  Resolution No. 71359, Franklin 50.

2.4              Approval of various actions related to a series of grants to defray the cost of the Acoustical Treatment Program (Category 1B) expanded treatment area.

            Recommendation:  Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a series of grants with the Federal Aviation Administration (FAA), at such time or times as the grant monies are available in succeeding Federal Fiscal Years to be used to defray the cost of the Airport Acoustical Treatment (ACT) Program Category 1B expanded treatment area in an amount in excess of the City Manager’s contract authority.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-05-156.  Council District 3.  (Airport)

2.5             Approval to amend the agreement with the Ethics Board Evaluator.

            Recommendation:  Adoption of a resolution authorizing the City Attorney to negotiate and execute a third amendment to the agreement with Hanson, Bridgett, Marcus, Vlahos, Rudy LLP to provide investigation services as the Evaluator to the Ethics Board, extending the term through June 30, 2004, at no additional cost to the City. 

            (City Attorney's Office)

2.6              Approval of various actions related to a grant for the Senior Companion Program.

            Recommendation:  Adoption of a resolution authorizing the City Manager to:

            (a)        Submit an application to the Corporation for National and Community Service (CNCS) for a one-year Federal grant not to exceed $125,791, for the Senior Companion Program (SCP) with a match requirement of $83,516; and

            (b)        Accept grant funds and to negotiate and execute all agreements if grant is awarded provided that the $83,516 match has been appropriated by City Council in the 2003-2004 Budget. 

            CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

2.7              Approval of an agreement for an Environmental Impact Report for Phase III of the Housing Opportunity Study.

            Recommendation:  Approval of an agreement with David J. Powers & Associates, Inc. for the preparation of an Environmental Impact Report for Phase III of the Housing Opportunity Study (HOS), in the amount of $152,000.  (Planning, Building and Code Enforcement)
*CEQA:  Not a Project.

2.8              Approval to award a contract for the Paul Moore Park New Restroom Building Project.

            Recommendation:  Report on bids and award of contract for the Paul Moore Park New Restroom Building Project to the low bidder, Beacon Construction, Inc., in the amount of $171,000, and approval of a contingency in the amount of $18,000.  CEQA:  Exempt, PP03-05-142.  Council District 9.  (Public Works)

2.9              Approval to award a contract for the Gregory Street Bridge Project.

            Recommendation:  Report on bids and award of contract for the Gregory Street Bridge Project to the low bidder, JFC Construction, in the amount of $257,717, and approval of a contingency in the amount of $25,800.  CEQA:  Negative Declaration, PP01-02-019.  Council District 6.  (Public Works)

2.10          Approval to award a contract for miscellaneous Sanitary Sewer Rehabilitation Projects.

*          Recommendation:  Report on bids and award of contract for the Department of Transportation Miscellaneous Sanitary Sewer Rehabilitation Project to the low bidder, Pacific Underground Construction, in the amount of $289,912, and approval of a contingency in the amount of $29,000.  CEQA:  Exempt, PP 02-09-255 and PP 03-04-122.  Council Districts 3 and 4.  SNI:  Spartan/Keyes and Market/Almaden.  (Public Works)

2.11          Approval of an agreement for the San Tomas Expressway Trunk Rehabilitation Project (Phase II).

            Recommendation:  Approval of an agreement with Montgomery Watson Harza for consultant services including project design, preparation of construction documents, and construction support services for the San Tomas Expressway Trunk Rehabilitation Phase II Project, for the period June 24, 2003 to January 30, 2005, in a total amount not to exceed $204,830.  CEQA:  Exempt, PP 02-10-277.  Council District 1.  (Public Works)

2.12          Approval of various actions related to the Aerial Photograph Project.

            Recommendation:  

            (a)        Approval of the first amendment to the agreement with Triathlon, Inc. for consultant services for the Ortho-rectified Aerial Photographs Phase II Project.

            (b)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund:

                        (1)            Establish an appropriation to the Department of Public Works for the Orthophoto Project in the amount of $311,000.

                        (2)            Increase the Estimate for Earned Revenue by $311,000.

            CEQA:  Not a Project.  (Public Works/City Manager's Office)

2.13     Approval of a Contract Change Order for the Hellyer-Piercy Project Improvement District (99-218SJ).

*          Recommendation:  Approval of Contract Change Order No. 19 with Graniterock Company dba Pavex Construction Division for the Improvement District 99-218SJ (Hellyer-Piercy) Contract #1 Project, in the amount of $117,600, for a total contract amount of $16,649,037.44, and providing for an additional 14 working day time extension.  Council District 2.  (Public Works)

            (Deferred from 6/3/03 – Item 2.8)

2.14     Adoption of a resolution authorizing the City Clerk to execute an agreement with the County of Milwaukee for the services of Douglas Jenkins to conduct a performance audit of the City Auditor’s Office for 2001-02 and 2002-03.

*          Recommendation:  Adoption of a resolution authorizing the City Clerk to execute an agreement with the County of Milwaukee, Wisconsin, for the services of Douglas Jenkins to conduct a performance audit of the City Auditor’s Office for 2001-02 and 2002-03, in exchange for reimbursement of expenses of approximately $5,000 for the audit team, pursuant to the peer review guidelines of the National Association of Local Government Auditors (NALGA).  (Mayor)

            (Rules Committee referral 6/4/03)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – May 28, 2003

            Vice Mayor Dando, Chair

            (a)        Redevelopment Agency items reported out at Redevelopment Agency meeting

            (b)        City Council

                        (1)            Review June 10, 2003, 2003 Draft Agenda

                        (2)            Add New Items to June 3, 2003 Amended Agenda

                        (3)            List of Reports Outstanding

            (c)            Legislative Update

                        (1)            State

                                    (a)            SB 916 (Perata), Toll Bridge Revenues

                                    (b)            Approval of staff recommendations on four State legislative bills:

                                                AB 792 (Yee) Vehicles: Removal: Storage

                                                ACA 9 (Levine) Local Government Taxation: Special Taxes: Voter Approval

                                                ACA 11 (Levine) Local Government: General Obligation Bonds, Infrastructure Projects

                                                SCA 11 (Alarcon) Local Government: Special Taxes and General Obligation Bonds; Infrastructure Projects

                        (2)            Federal

                                    (a)            Federal Lobbyist Monthly Report

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

            (g)        Council Referrals for Assignment to Administration or Council Appointee

            (h)        Administrative Reviews and Approval

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4              Approval of various actions related to PG&E Franchise Fee Ordinances.

            (a)        Approval of an ordinance amending the franchise with PG&E for the sale of gas within the City (Ordinance No. 15879 as amended by Ordinance No. 21676) providing that in the event of an overpayment of PG&E's annual franchise fees to the City, upon approval by the City, PG&E may deduct from the next year's quarterly payments the overpayment in equal amounts, without interest.

            (b)        Approval of an ordinance amending the franchise with PG&E for the sale of electricity within the City (Ordinance No. 15880 as amended by Ordinance No. 21677) providing that in the event of an overpayment of PG&E's annual franchise fees to the City, upon approval by the City, PG&E may deduct from the next year's quarterly payments the overpayment in equal amounts, without interest.

            (Finance)

3.5       Approval of the Statement of Policy and City Council Questions related to the selection of a new Fire Chief.

*          Recommendation:  Adoption of the Statement of Policy and City Council Questions related to the selection of a new Fire Chief as described in the memo, in compliance with City Charter Section 411.1.  (City Manager’s Office)

            (Rules Committee referral 6/4/03)

3.6       Recommend adoption of a position in regard to Senate Bill 60 (Cedillo)

*            Recommendation:  Recommend adoption of a position in regard to Senate Bill 60 (Cedillo).  (Cortese)

            (Rules Committee referral 6/4/03)

            RECOMMEND DEFERRAL TO 6/17/03 AND REFER TO THE 6/11/03 RULES COMMITTEE MEETING

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee

            Council Member Chavez, Chair

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

4.3              Approval of various actions related to the Community Facilities District #10 (Hassler - Silver Creek).

            Recommendation:  Adoption of a resolution of the City Council:

            (a)        Authorizing the issuance and sale of special tax bonds for Community Facilities District #10 (Hassler - Silver Creek) in an aggregate principal amount not to exceed $15,000,000, to be sold on a competitive basis.

            (b)        Approving the form of and authorizing the execution of the Fiscal Agent Agreement and certain other related financing documents, and directing and authorizing certain other related actions.

            (c)        Approving the form and authorizing the use of the Official Statement in connection with the competitive sale of bonds, and directing and authorizing certain other related actions.

            CEQA:  Resolution No. 64913, PP02-11-347.  Council District 2.  (Finance/Public Works)

            RECOMMEND DEFERRAL TO 6/17/03
*Council District 8.

4.4       Public Hearing on the designation of 128 Pierce Avenue as a landmark.

*            Recommendation:  PUBLIC HEARING on the designation of 128 Pierce Avenue as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.  CEQA:  Exempt, PP03-03-074.  SNI:  Market/Almaden.  (Planning, Building, and Code Enforcement)

            HL 03-147 – District 3

            (Continued from 5/6/03 – Item 4.5 and 6/3/03 – Item 4.3)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Approval of various actions related to the new Dr. Martin Luther King, Jr. Library.

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute:

            (a)        The first amendment to the agreement between the City and the Trustees of the California State University System on behalf of San José State University for the operation and maintenance of the new Dr. Martin Luther King, Jr. Library, in order to update the allocation of space, to specify the method of collecting and disbursing funds for payment of maintenance expenses; and

            (b)        A Memorandum of Agreement on Technology for the new Library, to provide for reimbursement to the University in an amount not to exceed $997,200, for the acquisition of a joint Automated Library System, and to specify cost allocation formulas for the acquisition of telephone, data, and computer systems.

            CEQA:  Not a Project.  Council District 3.  (Library)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Public Hearing and approval of a Commercial Solid Waste and Recyclables Collection Franchise agreement.

            Recommendation:  PUBLIC HEARING on the Commercial Solid Waste and Recyclables Collection Franchise application of Redwood Services, Inc., dba Redwood Debris Box Service, approval of ordinance granting the franchise, and approval of Commercial Solid Waste and Recyclables Collection Franchise agreement with Redwood Services, Inc., dba Redwood Debris Box Service for a term from July 25, 2003 to June 30, 2004.  CEQA:  Negative Declaration, PP92-11-308.  (Environmental Services)

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

10            JOINT COUNCIL/REDEVELOPMENT AGENCY

CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1, 10.2, AND 10.3 IN A JOINT SESSION

10.1          Approval of various actions related to Housing Bonds.

            Recommendation:  

            (a)        Adoption of a resolution of the Agency Board:

                        (1)            Authorizing the issuance of Redevelopment Agency of the City of San José Merged Area Redevelopment Project Housing Set-Aside Taxable Tax Allocation Bonds, Series 2003J and Housing Set-Aside Tax Allocation Bonds, 2003K (collectively, the "Bonds") in an aggregate principal amount not to exceed $69,000,000;

                        (2)            Approving in substantially final form the Bonds, Sixth Supplemental Agreement, Continuing Disclosure Agreement, Preliminary Official Statement and for each series a Notice of Intention to Sell, Official Notice Inviting Bids and Bid Form; authorizing the Executive Director, or her designee, to execute and, as appropriate, negotiate these documents and other related documents as necessary; and

                        (3)            Authorizing the Executive Director and the Director of Finance to take all necessary actions in connection with the issuance of the Bonds.

            (b)        Adoption of a resolution of the City Council:

                        (1)            Approving the issuance of the Bonds by the Redevelopment Agency; making a finding pursuant to Redevelopment Law that the Merged Area will benefit from the projects funded by the Bonds that are located outside of the Merged Area; and

                        (2)            Authorizing certain City officials to take all necessary actions in connection with issuance of the Bonds.

            CEQA:  Not a Project.  (Finance/Housing/Redevelopment Agency)

10.2          Approval of the Mayor’s June Budget Message.

            Recommendation:  Approval of the Mayor’s June Budget Message.  (Mayor)

*           TO BE HEARD CONCURRENTLY WITH ITEM 10.3

10.3          Approval of the FY 2003-2004 Operating and Capital Budgets for the City of San José and Redevelopment Agency and Schedule of Fees and Charges.

            Recommendation: 

            (a)            Adoption of resolutions by the City Council approving:

                        (1)            Operating Budget for Fiscal Year 2003-2004 for the City of San José.

                        (2)            Capital Budget for Fiscal Year 2003-2004 for the City of San José.

                        (3)            Five Year Capital Improvement Program for Fiscal Year 2004-2008 for the City of San José.

                        (4)            Adoption of a resolution establishing the Schedule of Fees and Charges for Fiscal Year 2003-2004.

                        (5)            Adoption of a resolution establishing fees and charges for recreational and park activities.

*                      (6)            Adoption of a resolution establishing fees and charges for Sewer and Storm Sewer service and Use Charges.
             Attachment A - SEWER SERVICE AND USE CHARGE FUND 541
             Attachment B - SCHEDULE OF STORM SEWER SERVICE CHARGES PROPOSED RATES

*                       (7)          Adoption of a resolution to establish new quantity charges for potable water service effective July 1, 2003.

            (b)            Adoption of resolutions by the Agency Board approving:

                        (1)            Operating Budget for Fiscal Year 2003-2004 for the Redevelopment Agency of the City of San José.

                        (2)            Capital Budget for Fiscal Year 2003-2004 for the Redevelopment Agency of the City of San José.

                        (3)            Five Year Capital Improvement Program for Fiscal Year 2004-2008 for the Redevelopment Agency of the City of San José.

            (City Manager’s Office/Redevelopment Agency)

*(c)          Adoption of a resolution setting a public hearing on Tuesday, August 5, 2003, at 1:30 p.m. for the Fiscal Year 2003-2004 Annual Sanitary Sewer Service and Use and Storm Sewer Service Charge Reports of the Director of Finance and direction for the City Clerk to publish notice of the time and place of the hearing.  (Finance)

            TO BE HEARD CONCURRENTLY WITH ITEM 10.2

            ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

·                   Closed Session Report

·                   Notice of City Engineer’s Pending Decision on Final Maps

            In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

            In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

            None

·                   Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.

·                   Adjournment